Separation

What is required to prove separation?

Intention to separate (only one party is required to form an intention);

Communication that there is a separation (this can be verbal or written);

Action that shows separation has occurred (one example is when one party leaves the former matrimonial home).

I am living with my partner. Can I be separated?

You can be separated while still living with your ex-partner. This is known as ‘separation under the same roof’.

It is important that you and your ex-partner are living separate lives even though you are living in the same home. For example, the separation of domestic duties within the household, not sharing a bed and not socialising together as a couple (apart from parenting activities) will be considered as evidence of separation.

What areas of your life are impacted after separation?

The following factors need to be considered when separating:

Consider the living arrangements to be put into place for any children. This may include how a change in their routine will affect them on a daily basis.

Financial arrangements for the care of children should be discussed, such as child support.

If there is property, it is important to discuss how your assets and liabilities will be divided and, in the shorter term, managed. For example, if there is a mortgage on the property or a car loan on your motor vehicle, how will they be paid?

Other important factors to consider are notifying government bodies such as Centrelink about your change in status. This may affect entitlements to financial support.